Nursing homes are designed to provide care and assistance to people who cannot take care of themselves. They have a duty to provide safe, hygienic and secure surroundings. If their security is lax, and your loved one was harmed as a result, they may be liable for any damages that resulted.
The Law Offices of Tim Misny can help you understand your legal options. When your loved one is a victim of a negligent nursing home, we can help you hold the home responsible and recover compensation for the harm that occurred. You have the option to file a lawsuit, in addition to reporting the nursing home for negligence.
Proving negligence
To prove that a nursing home was negligent, a plaintiff must prove the following:
- Duty: First, the plaintiff must show that the nursing home had a duty of care to the plaintiff. That means that they had a duty to keep everyone on the premises free from harm. For instance, they should have policies and security that keep harmful people out—and keep the nursing home residents secure inside. Because some nursing home residents may try to leave, unsupervised, it’s important that there are security measures both inside and out.
- Breach: Breach of duty means the nursing home didn’t hold up their end of the bargain. In this case, it might mean that the nursing home failed to screen visitors, failed to protect the building with locks and alarms or failed to make sure residents stay within the facility.
- Causation: Next, the plaintiff must prove that the nursing home’s breach of duty (in this case, failure to keep patients secure) directly caused damage to the plaintiff.
- Damages: Finally, the plaintiff must show that they suffered actual harm. This is different for each plaintiff. For example, a patient might escape the nursing home and get lost, suffering emotional and/or physical harm. Another example would be if the nursing home’s security was so lax, thieves were able to get in and rob patients.
Generally, the key to successful nursing home negligent security cases is foreseeability. If the harm that befell you or a loved one was reasonably foreseeable, they’re more likely to hold the home responsible. For instance, it’s reasonably foreseeable that nursing homes without exterior locks could be burglarized.
Working with a nursing home negligence attorney can help. When you call the Law Offices of Tim Misny, we’ll evaluate your case and explain your best legal options.
Contact me for help with nursing home abuse
Nursing home abuse is common throughout Ohio, but we can work to hold the home responsible. When it comes to negligent healthcare providers, I’ll Make Them Pay!® Call my office at (800) 556-4769 today for more information.
